USPTO Patents Application 09486147

Application No.

Applicant(s)

Notice of Allowability

09/486,147

KASTNER ET AL

Examiner

Art Unit

Jeanine A Goldberg

1634

« The MAILING DATE of this communication appears on the cover sheet with the correspondence address-

All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1 .313 and MPEP 1308.

1 . [3 This communication is responsive to 2/25/03 .

2. [X] The allowed claim(s) is/are 2A8 and 53 .

3. [X] The drawings filed on 22 February 2000 are accepted by the Examiner.

4. [X] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 1 9(a)-(d) or (f).

a) □ All b) □ Some* c) □ None of the:

1. □ Certified copies of the priority documents have been received.

2. □ Certified copies of the priority documents have been received in Application No. .

3. □ Copies of the certified copies of the priority documents have been received in this national stage application from the

International Bureau (PCT Rule 17.2(a)).
* Certified copies not received: .

5. Kl Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 1 19(e) (to a provisional application).

(a) C] The translation of the foreign language provisional application has been received.

6. O Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121 .

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements noted
below. Failure to timely comply will result in ABANDONMENT of this application. THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

7. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
INFORMAL PATENT APPLICATION (PTO-1 52) which gives reason(s) why the oath or declaration is deficient.

8. □ CORRECTED DRAWINGS must be submitted.

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

1) □ hereto or 2) □ to Paper No. .

(b) □ including changes required by the proposed drawing correction filed , which has been approved by the Examiner.

(c) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of Paper No. .

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the top margin (not the back)
of each sheet. The drawings should be filed as a separate paper with a transmittal letter addressed to the Official Draftsperson.

9. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

Attach ment(s)

1 □ Notice of References Cited (PTO-892)
3D Notice of Draftperson's Patent Drawing Review (PTO-948)
5D Information Disclosure Statements (PTO-1 449), Paper No.
7D Examiner's Comment Regarding Requirement for Deposit
of Biological Material

2D Notice of Informal Patent Application (PTO-1 52)
4|3 Interview Summary (PTO-413), Paper No.0403 .
6|3 Examiner's Amendment/Comment
8E3 Examiner's Statement of Reasons for Allowance
9D Other

U.S. Patent and Trademark Office
PTO-37 (Rev. 04-01)

Notice of Allowability

Part of Paper No. 0403

Application/Control Number: 09/486,147
Art Unit: 1634

Page 2

DETAILED ACTION

1 . This action is in response to the papers filed February 25, 2003. Claims 1,3,4,
6, 8, 10, 28-30, 32, 33, 36-44, 49-52, and 54-58 have been cancelled without prejudice.

2. Currently, claims 2, 48, 53 are allowable.

EXAMINER'S AMENDMENT

3. An examiner's amendment to the record appears below. Should the changes
and/or additions be unacceptable to applicant, an amendment may be filed as provided
by 37 CFR 1 .312. To ensure consideration of such an amendment, it MUST be
submitted no later than the payment of the issue fee.

4. Authorization for this examiner's amendment was given in a telephone interview
with Gwendolyn Spratt on April 1 , 2003.

5. The application has been amended as follows:

A) Claim 2 has been amended to deleted "and variations thereof permitted by
genetic code degeneracy" and replaced therefore - - or a nucleic acid encoding SEQ ID
NO: 3.--

B) Claims 1 1-27, 31 , 34-35, 45-47 have been cancelled as drawn to non-elected
subject matter.

6. The following is an examiner's statement of reasons for allowance.

Application/Control Number: 09/486,147 Page 3

Art Unit: 1634

The claims are drawn to nucleic acid sequence comprising the coding sequence
of SEQ ID NO: 2, a nucleic acid encoding SEQ ID NO: 3, a nucleic acid consisting of
SEQ ID NO: 1, 6, 8, 10, 12. The art does not teach nor suggest SEQ ID NO: 1-2, 6, 8,
10, 12 or a nucleic acid encoding SEQ ID NO: 3.

These sequences are drawn to the novel human pyrin/marenostrine gene. In the
closest art, Bernot teaches a marenostrine/pyrin gene which is 98.6% identical to SEQ
ID NO: 1, namely Genbank Accession Number X26556 and Aksentijevich et al teaches
a pyrin gene which is 99.5% identical to SEQ ID NO: 1 , namely Genbank Accession
Number X37085. The instant specification has described four mutations within SEQ ID
NO: 2 which affect the diagnostic status of individuals with respect to Familial
Mediterranean Fever (FMF). The specification teaches that SEQ ID NO: 6, 8, 10, 12
are forward primers for exons 1-3.

7. Any comments considered necessary by applicant must be submitted no later
than the payment of the issue fee and, to avoid processing delays, should preferably
accompany the issue fee. Such submissions should be clearly labeled "Comments on
Statement of Reasons for Allowance."

8. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to examiner Jeanine Goldberg whose telephone number is
(703) 306-5817. The examiner can normally be reached Monday-Friday from 8:00 a.m.
to 5:30 p.m.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Gary Jones, can be reached on (703) 308-1 1 52. The fax number for this
Group is (703) 305- 3014.

Any inquiry of a general nature should be directed to the Group receptionist
whose telephone number is (703) 308-0196.

Application/Control Number: 09/486,147 Page 4

Art Unit: 1634

Or- MM***?

JeaHine Goldberg J

April 2, 2003

TECHNOLOGY CENTER 1600